Court Of Appeal Civil Appeal No 77 of 2017 Multiple ICD (K) Ltd & Multiple Hauliers (E.A) Ltd v Kamau James Gitutho Njendu T/A Gitutho Associates & Others

Dr. Wamuti Ndegwa represented the Appellant in the Court of Appeal.

Dr. Ndegwa successfully applied,

  1. The principle that subject to s. 97 and 98 of the Evidence Act, a writeen contract can be validly varied by a subsequent oral contract.
  2. The principle of law that a party is not liable to pay interest on the amount claimed unless it is shown by evidence that the successful party was deprived the use of his goods or money by some wrongful act on the part of the Defendant.

The judgment for Kshs 219,170,713 in favour of the Respondent was set aside and the Respondents ordered to refund the interest amounting to Kshs 87,000,000 and pay the costs of the Appeal. Further, Respondents ordered to pay costs of the Appellant in the counterclaim for a declaration that interest was not due. 

Judgement delivered on June 27, 2018.


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